STATE OF U. P. Vs. MAHANAND PANDEY

JUDGEMENT

(1.) The State has preferred this appeal to challenge the judgment dated 16.03.2021 passed by learned Single Judge whereby the writ petition to seek full pension and gratuity apart from other retiral benefit was allowed.

(2.) The non-appellant/petitioner was appointed on the post of Constable on 27.12.1979. He was promoted to higher posts from time to time and thereupon retired on attaining the age of superannuation on 31.03.2020. Prior to retirement, an FIR was lodged against him for offence under Sections 307, 332, 353, 427 Indian Penal Code and Section 5 of Explosive Act. Apart from the aforesaid, a complaint was also registered by one Umesh Chand Mishra alleging commission of offence under Section 302 Indian Penal Code apart from other offences and thereby, another FIR was registered with investigation by CBCID. The charge-sheets in the cases were filed by the police, however, after the trial, non-appellant/petitioner was acquitted in both the cases. The State Government preferred an appeal against the order of acquittal and was registered bearing no. 3374 of 2013. The State appeal was admitted by this Court on 24.10.2013.

(3.) The department did not initiate departmental proceedings in reference to the commission of crime but non-appellant/petitioner was placed under suspension by the order dated 24.07.1996. The suspension was withdrawn on 26.12.1996.